Horror Story from A Denied GCCF Claim

Shortly after the BP Deepwater Horizon rig explosion and oil spill, BP set aside $20 billion to try and make things right with those affected by the accident and the spill.  They set up the Gulf Coast Claims Facility (GCCF) and eventually named an allegedly impartial administrator, Kenneth Feinberg, to run the GCCF and process the claims fairly and efficiently.

Many Denied GCCF Claims Surface

For some, things seem to have gone well.  To date, over 168 thousand claims have been paid to the tune of nearly $3 Billion.  Unfortunately, when you consider that nearly half a million claims have been filed, you start to see that things are not all rosy after all.  Hundreds of thousands of claims have been denied.  The GCCF says that the claims were either submitted with inadequate supporting paperwork or were fraudulently filed.  Those missing paperwork to back up the claims have been returned to the sender with a demand for more proof.  All the while, Feinberg and the GCCF have announced in public that everything is going just fine and they are doing the best they can while being understaffed and overworked.

For those suffering in the depths of poverty and unemployment, all caused by something that should have never happened in the first place, and certainly not their fault, this is simply not good enough.  Reports continue to surface claiming that monies are being paid out to people completely unaffected by the Deepwater Horizon incident, while hundreds of thousands of others are seeing their claims denied without explanation.

A Denied GCCF Claim Horror story

One such victim is Dan Ward, of Florosa, Florida.  Mr. Ward is the owner of Gulf Coast Tire and Automotive.  He says that BP initially sent him three checks for $5,000 a piece over the summer in the days before the GCCF was set up.  Once the GCCF and Mr. Feinberg took over the process, his checks stopped coming.  After eight visits to the local claims office over the subsequent three months, he was continually told that his check would be ready any day.  On December 10, he finally received notification that his final claim was being denied.  No reason was given, and no explanation was offered.  Mr. Ward says that he filed all the required paperwork, including every bit of actual financial data down to the dollar showing that he lost more than 25% of his summer business because of a severe drop in the number of tourists visiting the Florida panhandle following the Deepwater Horizon accident.  Still, his claim was denied without any explanation.

Meanwhile, the Associated Press has reported that the Florida Restaurant and Lodging Association sent letters to its members saying that “the checks are pouring in.”  Keith Overton, the chairman of the Association said that his beach resort in Saint Petersburg Beach had received an emergency payment and is expecting another check for $1.3 million to compensate its owners.  Something is definitely amiss at the GCCF.

Was Your BP Claim Denied ?

Here are some option to look at if your BP claim has been denied by BP or by the the Gulf Coast Claims Fund. Below you will find a list of what your options are.

Contact an Oil Spill Attorney

If your claim was denied by BP your best option would be to contact an oil spill attorney and have them look at your claim to see if they would be interested in taking your claim to a potential lawsuit against BP.

If the oil spill attorney takes your case it would mean they would agree to represent you in your BP claim and they would receive part of your claims payment as payment for their work.

This is a standard contact that would be sign between you and the law firm giving them the right to litigate your BP claim for you. Normally a fee of 20-25% of your final winning would be their fee to take your case. If you do go with an oil spill attorney you would know that they would protect you and work to get your claim paid so they will get paid.

There are many great oil spill attorney’s looking for denied BP cases just like yours and they would be happy to meet with you free of charge to look at your claim to see what kind of case they could build on your oil spill claim.

Filing a BP Lawsuit

Believe it or not, your don’t really need an attorney to file your own BP Claim lawsuit, in any court in this country. That is right your can represent yourself  with your claim against BP. Its called “Pro Se”, or representing  yourself in the court against BP.

Its not for the faint of heart but it would be totally legal and your could stop by the court house on the way home today to get all the paperwork and forms to file your own lawsuit against BP for the oil spill and the damage you have suffered because of the oil spill. If you got the ba..’s this would be one way to get out from under a BP claim that was denied.

Making An Oil Spill Claim With NPFC

The NPFC is the U.S. Coast Guard’s National Pollution Fund Center, they will accept BP Claims that has been denied by BP or have been in limbo with BP or the Gulf Coast Claims Fund for more than 90 days. If you have gotten your BP claim denied with BP this would be an option to file with BPFC for a second opinion on your oil spill claim.

You would file your claim by submitting your paper work to:

4200 Wilson Boulevard, Suite 1000
Arlington, Va. 20598-7100

The claim must be submitted 3 years after the oil spill happened so August 2013 would be the deadline for filing your claim with them.  Also if your claim is accepted you must sign a release form to get the claims payment from NPFC. The process of filing your oil spill claim with BPFC should take no more than 60 days to get you an answer to your claim.